This Paper argues that, in order to avoid the perception of bias, an independent, special prosecutor should be appointed to handle cases of police misconduct. Part II will examine the background and history of the interaction between police officers and the district attorney’s offices. In Part III, this Paper will analyze the main ethical issue involved in the prosecution of police misconduct—conflict of interest—and the impact it has on our system. In Part IV, this Paper will propose removal of cases involving police misconduct from the district attorney’s office, focusing mainly on a solution for New York State, assess the various options for removal, and discuss whether removal should apply in all cases of police misconduct, or be limited to those cases involving fatalities.
Levitz, Samantha, "Appointing an Independent Prosecutor in Cases of Police Misconduct: Repairing Trust in the Criminal Justice System" (2020). Hofstra Law Student Works. 18.